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How to deal with “We have no file” response to FOIA request - when you know there is a file?

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posted on Nov, 7 2010 @ 12:38 AM
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I have been doing some research into my deceased family members and family acquaintances. As part of my research, I did a standard FBI file request.

At least two of these people who almost certainly have SOME type of file based on their past employment. I was hoping I would get a least an edited file. I want the file for personal family reasons . (I’m really not interested in the projects/jobs these people held.) Instead, they didn’t even acknowledge a file existed.

I know you can appeal the response but my question is how in the world would you do something like that? If you don’t know why they won’t release the data, how can you challenge it?



posted on Nov, 7 2010 @ 12:44 AM
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Funny that you cant find info on your family yet the DNC can pull all the files they want on future challengers of Obama in 2012 to run thru with a fine toothed comb.

Its hard to find a solution to dealing with a flawed system, sorry



posted on Nov, 7 2010 @ 12:56 AM
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reply to post by Daughter2
 


Try cross referencing to another department say the police department in the town you think they may have been arrested or had an incident.


At least two of these people who almost certainly have SOME type of file


You say almost certainly...perhaps they are not lying and there is no file on them.

Another thing to consider is poor organization and storage. Maybe the file was lost along with many others due to sloppy systems. I know many things are filed in the wrong places pretty regularly in other type of businesses. I don't imagine the FBI is exempt from bad employees.

Another thing is the spelling of the name. For example...doctors offices and almost everywhere a file is kept on me, will often lose my file. Sorry nothing there.
It took years before I figured out my name was getting misspelled.
In the middle of my last name there is a capital H.
Almost without fail people misread this capital H as two t's.
I did not know it until one time someone said oh here it is...someone filed it under Lattera. Now I don't use a capital H any more I use a small one and people do not make that mistake.



posted on Nov, 7 2010 @ 01:08 AM
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Originally posted by rusethorcain
reply to post by Daughter2
 




You say almost certainly...perhaps they are not lying and there is no file on them.




I know two of them worked on some very well known military projects. They held these jobs in the open. This was during the 1950 and 60's when they were keeping files on almost everyone. It would be strange if they didn't have some type of even basic clearance check.



posted on Nov, 7 2010 @ 01:22 AM
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Here are a few things that offices which are subject to FOIRs would rather you not know.

You need a complete understanding of the organizational structure of the office where you are filing the request. This is to ensure your request is being routed to the proper responsible official for response. There is little reason (generally) for governmental offices to not provide you the requested information (the laws are pretty specific and there is nothing in it for them to inappropriately deny your request). However, don't assume that the entire organization has records and that those records are shared with all parts of the organization - in large agencies it is quite easy to understand records may exist but that knowledge may not be common to all. Some records are used for a specific purpose, and with the paper reduction initiative, once they become no longer needed, they are deleted. It is easy to read into your request (albeit perhaps wrong) that you might be looking for registration or licensing information (or something like that) - there may be no requirement for the records you are requesting to be maintained by the agency (especially if they are old like registrations from 1972), in which case their response would be - no records exist - that does not mean records never did, nor does that mean the agency is not being truthful. Does that help?

Finally, read the guidlines provided by the federal or state agency from which you are requesting the records - request that are not correct as to form and content may not be responded to correctly (so don't be overly vague or general in your reqest). The request must be specific (as to what you are requesting and where those records may be found) and make sure your request is routed to the proper responsible official, this will hopefully ensure your FOIR is completed.

If you are indeed asking for really low level type info, the likelihood of a negative response where records exist only puts the agency in the crosshairs of a serious complaint and there is little reason for an office to do that.

Finally, there are protections afforded some records held by the govenment - remember things like criminal investigations and other LEO files are generally protected from release as well as records which may contain trade secrets or other propriatary info.

Good Luck and hope this helps!




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